Blog

What is the burden of proof?

The burden of proof is a term used as information in a slip and fall accident. After these accidents occur, injured victims may wish to seek liability on behalf of the property owner. To build their case, they must establish the burden of proof. This means that they have to prove that the owner of the property acted negligently by failing to provide a safe premises. If the property owner knew or should have reasonably known about the hazard present, then this can show that they were negligent. To file a lawsuit against a commercial property owner or private owner, the victim of a slip and fall accident must file it within three years of the accident. If the owner was of a municipal property, there must be a notice of claim within a year, stating that the individual will take legal action.

What can cause sidewalk slip and fall accidents?

Sidewalk accidents can happen due to a variety of factors that are present on these surfaces. This can include loose debris, hazardous materials and surface problems. These surfaces can become uneven due to these hazards. Weather conditions can also influence the safety of the sidewalk. Snow or ice can cause the sidewalks to become slippery and people can lose their footing quite easily. When weather conditions are involved in the accident, it can become more complicated. Weather conditions need to be addressed within an allotted time after a storm. If you took the risk and used the sidewalk before this period of time, then you may not be able to seek negligence on behalf of another party.

Who can I hold responsible for my slip and fall accident?

For most sidewalks, they are the responsibility of the adjacent property owner. This means that usually, store owners are responsible for clearing hazards on the sidewalk outside of their store. Property owners can include private citizens, a commercial property or municipality. When individuals fall victim to an incident on a sidewalk, they will have to prove negligence on behalf of the property owners. They can show that these individuals were supposed to keep a safe premises for pedestrian.

Our firm understands how serious criminal and personal injury cases are. We are prepared to guide you towards a favorable outcome. If you are in need of experienced legal counsel in New Jersey, please contact The Law Office of Andrew S. Maze today for any criminal and personal injury matters.

Read Our Latest Blog Posts

  Personal Injury Settlements vs. Trials

When you suffer an injury due to someone else’s negligence, pursuing a personal injury claim can help you obtain compensation for medical expenses, lost wages, pain and suffering, and other damages.  The Law Office of Andrew Maze can help you understand these so you can make an informed decision in…

Read More
  Role of an Expert Witness in Personal Injury Trials

Personal injury trials can be complex and challenging, often requiring the expertise of individuals who possess specialized knowledge relevant to the case. Among these experts, the expert witness holds a pivotal role. Their testimony can significantly influence the outcome of a trial, providing clarity on intricate matters that are beyond…

Read More
  Navigating Personal Injury: Answers to Frequently Asked Questions

Personal injury cases can be complex and overwhelming, especially if you're unfamiliar with the legal processes involved. From car accidents to slips and falls, understanding your rights and responsibilities is crucial. Some of the most frequently asked questions regarding personal injury claims aim to provide clarity and guidance to those…

Read More